Indigenous insiders and Anglo outsiders: A critical reading of Australian burial disputes

This article explores a cascade of deathly entanglements between nations, legal systems, communities, and individuals. Its focus is the vitally important, yet under-theorised corner of Australia's private law known as burial disputes: disputes relating to the disposal of the body of a deceased person. As many as three-quarters of burial disputes in Australia involve at least one Indigenous party. The impetus for this paper is twofold: first, the need to situate these burial disputes in their nomocidal colonial context; and second, the radical reshaping of the legal doctrine employed by courts when resolving these disputes. In particular, and grounded in the capacity of the corpse to act as a site of creative necroresistance, it draws on work done by Australian Indigenous and decolonial scholars to offer a critical, yet affirmative, reading of this doctrinal development, which, it argues, has occurred primarily in response to the Indigenous insider presence in the burial dispute case law.

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Publication Details

Journal
Social & Legal Studies
Published
2026-05-27
DOI
https://doi.org/10.1177/09646639261453522
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
0.00
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article

Indigenous insiders and Anglo outsiders: A critical reading of Australian burial disputes

Kate Falconer
Social & Legal Studies
Law in Society and Culture
article

Indigenous insiders and Anglo outsiders: A critical reading of Australian burial disputes

Kate Falconer
article en

Abstract

This article explores a cascade of deathly entanglements between nations, legal systems, communities, and individuals. Its focus is the vitally important, yet under-theorised corner of Australia's private law known as burial disputes: disputes relating to the disposal of the body of a deceased person. As many as three-quarters of burial disputes in Australia involve at least one Indigenous party. The impetus for this paper is twofold: first, the need to situate these burial disputes in their nomocidal colonial context; and second, the radical reshaping of the legal doctrine employed by courts when resolving these disputes. In particular, and grounded in the capacity of the corpse to act as a site of creative necroresistance, it draws on work done by Australian Indigenous and decolonial scholars to offer a critical, yet affirmative, reading of this doctrinal development, which, it argues, has occurred primarily in response to the Indigenous insider presence in the burial dispute case law.

Social & Legal Studies
University College Cork (IE)
Peace, Justice and strong institutions
Openalex Percentile: Top 2%
Law in Society and Culture
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